, 1887-08-30
A NEW JURY.
SUCH Is the Order of the Court in
the Mccoy Case.
Judge Corn Listens to Arguments
On TeChnicalities.
CHARLES v. TrumbIe Is Granted a
Stay of Execution.

The all absorbing topic of conversation
In the hotels, Offices and business houses
and on the street corners yesterday, was
the Mccoy case, the particulars of which
are TOO well known to require further
mention In these columns. 1t is safe to
assert that not a man, woman or child
resides IN Cheyenne, and perhaps in
Laramie county, who is not cognlzant of
the bloody and reckless deeds of Dan
Began, alias VIM. Mccoy. Texas fugitive
and killer of Chas. Gum, at Lusk.
As had been anticipated and predicted,
Judge Maginnis, directly after court had
convened yesterday morning, granted a
stay of execution in the case of Charles
V. Trumble, who is under sentence of
death for the murder of Chas. Miley,
alias Red Bill, at Lusk. Trumble was to
have been hanged Oct. IA.
So far as the Mccoy case is concerned,
but little actual progress was made toward
the Inauguration of the trial, a greater
part Of the time being occupied in intro
duclng and arguing motions, objections,
afidavits and propositions. Ex-Chief
Justice Lacey, assisted by John A. Riner,
Is conducting the defense, and is laboring
earnestly in behalf of his client. Walter
h. Stoll, the model prosecuting attorney,
Is keenly alive to the interests of the PEG.
pie, and evidently proposes TO cause out
ragged Justice to be satisfied if within his
power.
Immediately after the opening of court
Judge Lacey objected to proceeding with
the case, alleging that the jury was illegal
for The reason hat the court journal vas
Incorrect; that while six of the original
panel had been excused and their places
filled, there was no definite record Of the
change.
AT the afternoon session the record was
amended in accordance with subpenas,
venlres and other papers in the case by
order of Judge Maginnis.
This point being disposed of, other tech
nicalities were at once introduced. Judge
Lacey arose and gravely stated that the
jury box had been tempered with by one
Luke Murrin. Mr.. Lacey explained that
the word 'tampered' was not used in an
offensive sense, but simply as a legal
term. The clerk of court had, it was set
forth, taken names from the jury box out
of open court and without authority had
handled the slips and in one case had de-
stroyed two slips.
This charge was not denied but it was
c%onclusively proven that the slips which
we're destroyed contained the names of
two men who were out of the county and
territory, and upon whom service could
not be obtained. The defense still main.
tanned that the process of striking and
securing the jury had been at variance
with the provisions of the statutes cover
ing such cases.
After the proposition had been briefly
argued pro and con, the court ordered
that sixty names be furnished by the
county clerk and probate Judge, and that
a new jury be drawn. After this conclu-
sion had been reached court was adjourned
until 10 o clock this morning, at which
hour the task of securing twelve unpreiu-
diced citizens TO Judge between VIM. Nc
Coy and the people OF Wyoming will be
commenced.
While it is evident that errors were
made, they were not serious. and certain
ly were not committed with malice or evil
intent. Mistakes are unavoidable, and
those of a clerical character will ofttimes
occur to the most careful and painstaking
official.
1t is hardly possible that a jury will be
secured to-day, it being reasonably certain
that a venire of sixty names will be ex-
hausted long before the desired result is
attained.
Judge Saml. r. Corn, of the second
judicial district, occupied the bench yes
terday, and will continue 10 preside dur
ing the trial of Mccoy. Chief Justice
Maginnis disposed of Trumble's case and
motions having a bearing upon the rec
ord, it being conceded that Judge Corn
had no control over actions of the court
for the first judicial district, except during
his occupancy of the bench.
Gr%asshoppers at Work.